The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1887-04-28
INTERSTATE COMMERCE.
Tae Commission Takes Occasion to Gently Lect.
ure Railroad Men-Their Cooperation Invited
that the Law May be Fairly Executed.

ute halIFOdU utu-lhtIC NosupcTOuOW AuvttUu
that the Law May be Fairly Executed.
The Interstate Commission has received
applications from n greatnumber oil sources
asking rulings upon many questions sug
sested by the text OF the law. To those it
makes answer:
A careful reading OF the act under which
this commission is organized will show to
the petitioners and others who have made
similar applications that no jurisdiction
has been given to us to answer questions
like these under consideration. Two Sec
tions OF the law confer power upon the
commission to entertain and decide appli-
cations and petitions. Section 4 empow-
ers us, upon application by common car.
rier to authorize such common carrier, in
special cases, to charge less for longer than
for shorter distances over the same line, and
also to prescribe the extent OF relief from
the operation of the former part OF the
same section which designated common
carrier may from time to time enjoy.
1t is obvious thatapplications like those
OF the railway conductors and the Trade
and Ira velers union have no relation
whatever to the duty imposed upon us by
section 1.-THE only section the law which
the commission has power to suspend or
relax
Although it might be desirable or at
leaSU convenient Ill TeSpcCt W uluuy pICCC0
OF new legislation to have u tribunal estab-
lshed to which inquiries might apply for
instruction and advice respecting the
meaning OF the law and it's application to
suggest circumstances and conditions, a
moments reflection will show that no such
tribunal could be properly erected. Con-
gress has not taken the management Of the
railroads out Of the hands OF the railroad
companies. 1t has simply established
CERTAIN GENERAL PRINCIPLES
under which interstate co mmerce must be
conducted. There is nothing novel in these
provisions. They simply bring back the
business OF the common carriers to the
well settled principles Of the common law.
Yet no one can deny that there was urgent
need OF their statutory formulation? Al
legged difficulties in putting them in opera
tion only disclose examples OF the extent
to which they have been violated in the
past. The sections OF the act are express
ed in plain words. A construction must
be given to them in the first instance to
the carriers and their patrons. When a
course OF conduct has been adopted. oi
which complaint is made that it violates
the law, the decision of the question
will rest with the courts or with
the commission as the complaining
party may elect. This is the orderly meth
cd in which all legislation is administered
and applied, and the statute in question
represents no exception. 1t appears from
the clamorous petitions that have been
laid before us for preliminary advice, many
OF them obviously upon the suggestion ii
not by the procurement OF the carriers,
that comment on the law by the carriers,
and those who have heretofore enjoyed
special favors at their hands, describes the
system OF penalties which the law provid-
es as extreme, and the risks imposed on
unintentional and unwilling violators oi
the provisions as enormous. Such com
ment seems to us neither fair nor just. 1t
is true that section provides that for vi.
olations OF the law, and for failure to do
an act which the law requi res. the offending
carrier shall be liable to the injured party for
THE ACTUAL DAMAGE
sustained, together with II reasonable
counselor attorney fee, to be fixed by the
court and collected with the costs in the
case. 1t is also true that section 1O inn
poses fine OF not to exceed S5.O0u upon
common carriers and their officers. agents
and servants who willfully do nr cause t.
be done, or willingly suffer or permit to be
done, an prohibited act, -ns,on c.,p.ictie,i
in district court OF til United States
The remedy described in ecsion adds an
attorneys fee to the exis ing common Law
right of any injured part.y to recover the
full amount OF his damage, IL condition o
affairs which cannot grea tly alarm corpo.
rations disposed to fair dealing, while the
criminal remedy given in section 10 obvi
ously pertains to intentional violators o
the law, and in these cases to be graduated
I by the court according to the enormity o.
I. the offense. Good faith exhibited in ar
honest effort to carry out the requirement.
OF the law will involve reasonable and fair
minded officials in no danger OF damages
or fines. The elasticity OF the statute in
their tavor is noticea BILE. The unjust dis
elimination OF section must be lin a like
and contemporaneous service in the trans
substantially similar circumstances anc
conditions" The preference or advantage
OF section 3 must be undue or unreason
| able throughout the act rs it now stands
in confessedly experimental form, there is
exhibited an obvious and a generous pur
| pose to allow to the corporation ample
scope in the conduct OF their business af
common carriers for the people, and fail
, consideration OF every reasonable claim
while insisting upon just, impartial, oper
and consistent rates of charge, to which
every citizen shall be subject alike whose
situation is the same. Surely the peopls
COULD NOT ASK FOR LESS.
/, The language and the tenor of the act
wholly fail to justify railroad managers, i
any such there be who refuse to accept re
sponsibilities decline to offer rates, to neg
(, lect to announce conditions Of traffic, EN-
, barrass the customary interchange o
! business and impose stagnation upot
trade they ''stick in the bark" OF th'
phrases and impressions OF the law in
venting doubts and imaginable dangers
1t is still more unjustifiable for railroad
: companies to make use OF the genera
J clauses OF the law, ignoring it's modifyin,
and enlarging words and formulas, in or
/ der to impose additional burdens upor
| localities, trades, professions, manufact
urers, consumers, classes OF travellers o.
employers, straining and repressing every
construction in favor of the corporation
| treasury and quoting the new law as au
thority for all manner OF petty exactions
The powers OF the commission are entirely
adequate to cope with such conduct, TIN
existence of which is not affirmed although
! it has been somewhat publicly suggested
! The same statute which enacts tina
, charges for like service shall be uniform tt
all also provides that charges in ever.
case and for every kind and class q
service, shall be reasonable ant
just. As the law is practically ap
piled, it is said to contain many ele
inents of advantage to the economic
al and profitable management OF the bust
ness Of the carriers, wnlcn tney nave no
been slow to apprehend and take the bene
fit OF. The commission ventures to ex
press the hope that with this explanation
respecting the mutual functions Of the car
riers and the commissioners in carryin
! the law into effect according to it's true in
tent and meaning, there will be no lack o
good faith and active CO. operation il
continuing the normal activity OF ever.
kind OF reputable industry and trafR
| throughout the land, under favorable, fai
and reasonable terms, conceding irankl.
to the people all the rights, benefits ant
advantages and equal privileges which tn
act to regulate commerce was intended II
secure.
4 Salisbury Attacks Gladstone.
Lord Salisbury, in a speech before tn
Primrose league in London, eaid Th
hollow agitation carried on during tn
Easter holidays by the opposition ha
failed, and the governments cause was tn
country's. The present Irish crimes b
would not compare in stringency with MI
Gladstone's hill Of 1881. Unde
the latter measure people we're imprisone
| without trial. This could not b
done under the present bill. The suppres
| .;<,, q cr;,,,o Trolo nd did ,,,oo ~,